J.Chandran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2023

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.HEMALATHA J.Chandran .. Petitioner Vs.

1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai-600 003.

2.The Assistant Executive Engineer, Greater Chennai Corporation, Zone IX, No.115, Dr.Muthulakshmi Salai, Adayar, Chennai-600 020.

3.The District Collector Chennai District, Chennai-600 001.

4.C.U.Ansar Ali .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of 1/6

India, praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action against the 4th Respondent for not implementing order dated 13.10.2017, and consequently direct the respondents to demolish the entire building without harming to the petitioner's building at Plot No.M-2 and also remove the entire debris from the building of the 4th respondent at Plot No. M-1, Block No.18, T.S.No.13, situated at Rajbhavan Colony, Guindy, Chennai-32 as per the order of the 2nd Respondent dated 13.10.2017 forthwith. For Petitioner : Mr.M.R.Jothimanian For R1 and R2 : Mr.G.T.Subramanian Standing Counsel For R3 : Ms.R.L.Karthika Government Advocate For R4 : Mr.V.Kannan

O R D E R

(Order of the Court was delivered by V.M.VELUMANI, J.) The present writ petition is filed for a direction to the respondents 1 and 2 to take appropriate action against the 4th Respondent for not implementing order dated 13.10.2017, and consequently direct the respondents to demolish the entire building without harming to the 2/6

petitioner's building at Plot No.M-2 and also remove the entire debris from the building of the 4th respondent at Plot No. M-1, Block No.18, T.S.No.13, situated at Rajbhavan Colony, Guindy, Chennai-32 as per the order of the 2nd Respondent dated 13.10.2017 forthwith.

2. Heard Mr.M.R.Jothimanian, learned counsel appearing for the petitioner, Mr.G.T.Subramanian, learned Standing Counsel appearing for the respondents 1 and 2, Ms.R.L.Karthika, learned Government Advocate appearing for the 3rd respondent as well as Mr.V.Kannan, learned counsel appearing for the 4th respondent and perused the entire materials on record.

3. This Court by the order dated 05.01.2023 directed the respondents 1 and 2 to inspect the property in question and file their report before this Court.

4. As per the order of this Court, the 2nd respondent has filed a status report, today. The said report is taken on file. In the said report, the 2nd respondent has stated that the site in question was inspected on 05.01.2023 and found that the 4th respondent has demolished the old 3/6

dilapidated building and also cleared the shrubs and debris in his Plot No.M-1, Block No.18, T.S.No.13, situated at Rajbhavan Colony, Guindy, Chennai. The 2nd respondent also produced photographs to that effect.

5. In view of the above, no further order is necessary in the writ petition and accordingly, the Writ Petition is closed. No costs. (V.M.V., J) (R.H., J) 12.01.2023 Index : Yes / No dm 4/6

To 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai-600 003.

2.The Assistant Executive Engineer, Greater Chennai Corporation, Zone IX, No.115, Dr.Muthulakshmi Salai, Adayar, Chennai-600 020.

3.The District Collector Chennai District, Chennai-600 001.

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V.M.VELUMANI, J.

and R.HEMALATHA, J.

dm 12.01.2023 6/6